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j__^j1 , _- ts\/k vol 1 third series salisbury n c monday july 2 1800 no 26 whole no 1717 terms " v i year 3 00 i months i do . â€¢ . n advant e rates of advertising out square space of 12 lines first insertion 1 00 2d 3d ami lib insortion each 50 for each additional publication ii.i stay law n ordinance to change tiie ju ulsdiction of till courts and the rules of pleading therein section 1 />'â– il ordained by tht peo ple of north carolina in convention , ii udili d . inul itis liercby ordainodby i athortty of the same that tho juris i isdiciion of the several courts of the tato and of liistiecs of the peace ex i-pt as provided in this ordinance shall i bo us in the year lsilo seo 2 us it further ordained that the seveni perior courts of the law at i tlio spring terms thereof only unless otherwise herein provided shall have i exclusive original jurisdiction to hear 1 try and determine all actions of debt covenant assumpsit or account where thc sum duo or owing amounts princi pal and interest to sixty dollars or more six 3 beit fart l,,r ordained thai nil writs in debt covenant assumpsit or account shall be returnable to spring term and bo served at least thirty days sundays included before tho return day within the first three days of tho i return term should the defendant pay to the plaintiff or into court to his use i one-tenth of the debi or demand princi pal and interest and all costs to that lime he shall be allowed until next spriug tenn to plead at thc said spring term should tho defendant pay to the plaintiff or into court to his use iieditlh of the residue of tho debt or demand and cost he shall be allowed until the bucceding spring term to plead i at the same spring lerm should the de fendant pay to the plaintiff or into court to his use one-half ol the residue of the ' debt or demand lie shall be allowed tin til the succeeding term to plead at i tho said spring term the plaintiff biiuii have judgment for tho residue of his debt or demand provided however that lhe plaintiff if required shall tile his debt or demand in writing and it the defendant shall make oath that the whole or any part thereof is not justly due or that he has a counterclaim all of which shall bo particularly sot forth j by affidavit then the defendant shall ou ly pay the installment required of what : he admits i be due and the joint shall order a jury nt the same or some subse quent lerm t try lhe matters in dispute between the ] nut io and at the next springterm tho defendant shall be al lowed time to plead only upon payment of one-fifth of tho residue of the admit ted amount and whatever the jury may find him indebted over and above tho same provided further that should the defendant fail to pay the first or any subsequent instalment then and in lhat case the plaintiff shall be entitled to proceed to judgment and execution ac cording to the course of the court in i860 seo 4 beit further ordained that all suits in action of debt covenant as sumption or account issued to fall term of the superior courts shall be return ed by the sheriff's to spring term is07 and all actions of debt covenant as sumpsit or account now pending in tho superior court shall be continued to spring term and if ihe defendant has entered his pleas lie shall be allowed to withdraw the same and take the benefits of seciion 'â– ', of ihi ordinance seo 5 jl it further ordained that dormant judges shall only be revived by actions of debt aud every scire facias to revive ajudgi out shall be dismissed on motion provided thai those now is sued shall be i . missed at the cost of the debtor sec 0 bt it further ordained that ihe clerks of tho beveral county courts shall transfer ull actions i debt cove uant assumpsit or account now pending in their respective courts i lhe spring if i im l s ii of tho superior courts and thc said spring term shall bo deemed iho return lerm thereof and the said actions shall stand us if originally insti tuted in thai court sec 7 /.'â– it further ord md thai the clerks of the soveral coun v courts if requeued to do so by tho plainiiffs bi'xty days before tho spring terms 18b'7 of the superior courts shall transmit to aid spi ing terms certified copi - of the j judgments iu actions of debt covenants ipsil or account entered on the dockets of their courts together with the writs of fieri or facias or venditioni exponas issued thereon and shall issuo notices fhcicol i i!.i defendants which â– shall bo sei ved al least thirty before said superior courts al lho spring term 8 aforesaid tho courts shall it moiion order the 6aid judgments to be uttered on i.n minute dockets provided tho same won not dormant when transmitted from the county courts and on such entries being made ill judgiii nts . iiall bo taken and held i bo judgmenli of tho supei ior c ittrts and writs of fieri facia â€¢ and von â€¢ itioÂ»i exponas mny i nc n provided iu section 10 ol this ordinance following tho writs transmitted from llu county courts iiii.i preserving the lions as it is j sued l.y tl siinio court seo 8 /,', it furthe/r ordained that tlio sheriff in each county hhull return nil writs of fieri facias and venditioni exponas issue 1 from tho couuty court on judgment in actions of debt cove luinl assumpsit or account to tho next terra of baid court without side nn.l shall return nil writs of ii fa or vondi tioni exponas issued on similar judg nii'iits from die superior courl or docreos of tliu court of eqnijy on money de manded to spring i'l't in 1867 without bale sec 0 11 it further enacted that no writs of ii lu or vinditioni oxponas n ijudgtnonts in actions of debt covenants assumpsit or account shall horoaftor issuo from tin county courts nor shall snid writs on such judgments issuo from or to tlio fall terras of tho superior courts exeopt whore defendant fails to comply with the provisions of this ordinance and it is directed that plaintiff may pro ceed according to the regular course of the court sko lo be it further ordained that no writs of li fu or venditioni exponas on judgments in actions of debt covenant assumpsit or account or decress for mon ey demands in equity shall issue from spring term 1807 without permission of court and should the defendant with in tlie lirst three days pay one tenth of the judgment or decree and costs then the writ shall ho credited one-tenth is sued and immediately returned indulg ed : " provided no plaintiff shall be al lowed to take the said one tenth without lirst entering his assent to said return : and provided further that such asscnl and return shall not prejudice any lien the plaintiff may then have by virtue of said li i'a or venditioni exponas pro vided further that at spring term islis i lie det'endent upon paying one fifth of the residue of tho judgment or decree and costs shall have indiilgeance in like manner seo 11 be it further ordained that upon all warrants before justices of iho peace for a demand principal und in terest of 25 or less should llio defon iliitit 1 1,-iv one-fifth to the plaintiff or tu the co heeling officer for his u-e he shall he allowed six months to plead and t lho expiration ot snid six months should he iy is aforesaid one-half the residtu , he shall be allowed fix more to plead ami the expiration of said six months plain ff shall have judgment and execn not for rhe residue upon demands (., rmcipal and interest of less than i-ol > and more than 25 the defendant shall he allowed twelvemonths instead of six on each payment : provided that the i aititifl shall li!o his claim in writing and if the defendant on oath shall lo in the same or presenl a counter claim lhe justice sh 11 proceed t > t ry the . same upon judgment the defendant shall hu allowed a slay of execution for six or twelve months as the ease may i nn on paying one-fifth nnd afterwards tie halt as hefore judgment provided lhat all justices judgments for u or more not dormrnt shall he transmitted together with tho warrant or other pa llets by tbe justice to springterm istit of the superior court and notice thereof shall he given tho defendant at le ist twenty days before court ; and in the superior court tho same proceedings shall be had as on judgments from the couniy court according to section 7 of this ordinance sj;c 12 be it further ordained thai all writs of scire facias to subject bail issued from the superior or county courts upou judgments in actions f debt covenant assumpsit or account shall be returned to spring term lst37 of the superior courts and sh mid the tenth fifth and half of the judgments be paid irom spring term to spring term lime to plead shall be allowed according to section 3 of this ordinance seo 13 bt il furtlier ordained thai this ordinance shall not apply to judg ments for costs only sec 11 bt it further ordained that this ordinance shall not apply to the re medies for the collection of town coun ty or state revenue seo 15 bt it further ordained that this ordinance shall not a ply to proceed ings by attachment unless the defendant replevy and give bail and ihen and in that case the proceedings si tli o subject to the provisions of this ordinance aa if commenced by writ or warrant sec 10 beit further ordained that where the action is by or on behalf of in fants still minors at tho return i rm and the interest exceeds one-tenth the first payment shall be increased to the amount of interest due not to exceed on â– fifth of the whole debt seo 17 1 it further ordained lhat j ll.e provisions of this ordinance shall not j be construed to extend lo any deb's n demands contracted or penal ties incur \ red since the first day of may a !>., 1805 or which muy b hereafter con tract d or incurred but that tho rt for ie recovery of debts whicii were in | fjreo iu tho year 18c i in li it furth r ordaint d thai i.nv er ditor attempted to bo defrau :â€¢- .-. t forth ii sec i chap 50 itovisod codoj tuny without obtaining judgment nt law lilo his hill in equity und said ' court is hot'ohy authorized und empow ered to direct propor issues to be made ' up ond tried und to make suoh orders nnd doorooe an to right und justice may appertain and baid proceedings id nil nol affect the creditor's right to prooood ut tho siiinu time at law ; and any surety heforo paying tlm debt of his principal thus attempting to defraud his creditors mny institute proceedings in equity in like inunnur to the cud tluit he muy ob tain relief sko 19 lii it further ordained thai eveiy oxocutoi or administrator shall lilu on oath ot tho termination of two yours lit ir the liinc of his qualification a full | btatemontof his receipts nnd disburse 1 rnents aud he condition ol the assets particularly sotting out all money col lected and how disbtirsod and on mo tion tho cuurt may allow further limo to sottlu the estate from year to vour not exceeding three yours provided that on each motion to extend the time n sup plemental statement shall be filed : pro vided that any creditor or next of kin may oppose said motion and ifftbe state ment is not full and fair file interrogato ries which tho executors or administra tors shall answer before his motion fir time isallowed provided further that all executors or adminstrators who have heretofore qualified shall beaelowed un til the couuty court next after the first of january 1sc7 to iiie his statement si 20 be it further ordained that all acts and purls of acts suspending the operation of tho statutes of limita tion in tbe revised code aro hereby re pealed except as heroin provided : pro vided that the time elapsed since tho lirst day of september one thousand eight hundred und sixty-one buiringuc tious or suits or presuming the satisfac tion or abandon nt of rights shall not he counted and provided further i'll ii t nothing contained in this oiduutnce or in the acts horeby repealed b'iiiii be so ci'i.s'riietl as i provenl judgments from becoming dormant s c 21 be il furtlier ordained tlmt any sheriff clerk or other officer fail ing to execute any of the pi-ovisi n .,: tins ordinance when tho execution there of devolves on him or it-su ing receiving or executing any process n ' atevor i â€¢ irary to tho provisions nf this ordinal , shall ho subjected lo a penult of live hundred dollars t bu r civi red bv rulo i court as penalties i.nd tin - w.-ro re covered in lstjo see 22 bi it further ordai in i dull in all actions b utigni by in y bunk nr other corporation h iving , v .-.-, i bank ing privileges or by nny assignee or en dorsee nr officer ol snid iiiiul in c i'pur a.i.'ii it shall an i may be lawful fur the defendant to set oil by ph-u ur on t'ial any note or ceriilicalu of 1 posit is-uc i hy said bunk or its branches or oilier corporations whether thu e inu has been presented for pai incut ur not any law or usage to the contrary notwithstanding lm said plea of set off or sol off ou t i tl shall not avail lo cany costs against the plaintiff unless there has been a tender of such payment before suit brought : povided that should the dofendnnt re quire the debt to be scaled according to the scale of depreciation of confederate currency then and in that case tho said notes or certificates of do osit shall not bo a set off in any manner sec 2o beit farther ordained that an act to change the jurisdiction of the i courts and the rules of pleading rati i lied tho llth day of september 1801 entitled an actio restore the courts and for other purposes ratified lhe llth december 1603 also an act entitled an act to change the jurisdiction ofthe courts and the riles of pleading there in ratified the 10th of march a d 1sg0 and all laws in conflict with th s ordinance bo and tho same are heroby ', repealed sec â€¢_'!. be il furtlier ordaid d thai the general a nimbly shall bnvo ti power to repeal alter or modify this or dinance until the third monday of no vetnber 1868 and this ordinuue biiuii take effect and be in force frum und alter its ratificatii m adopted bv the convention june 21 1866 state convention ai'..iu'k.ni:i session afternoon session s'.tiui'.w juno 20th 1866 withoul further material amendment tbe constitution passed ils third leading as fol low : ayes â€” m sis adams alexander baines biker berry boyden bradley bryan llu.gin j buxtou 11 mm caldwell ol burke caldwell of guilford dick dickey faulkner purcbes tiahagan garland garland garrett godwiu harris of guilford harris of rutherford lla.-j risen iaynes hodge jackson johnston lones of ilend-rson jones of rowan joyce king i lognti love of .'â– ickson mccauley i ',,.!<!. -, mckay of harnett mcdonald of chatham mcdonald ol moore mclvor mclaujiin mc itn . m ore of wake murphy noil et butter son 1 ni.li p i ik rush settle sloan smith of anson smith of wilkes starbuck stt ph n . son stewart swan walkup ward will wilson and wright 62 n't â€” messrs allen bagley barrow ring i a bricked conightnd k,i..n faircloth i forebee gilliam griisom howard jarvis ' joyner i von manly m kuy of sampson mc , gohee n a mclean nat mclloaoj odom pearsall parkins person richardson bmith ol jul usui , bpeocer of hyde worreo winburue and winston â€” 30 the fulluwing ordinances and resolutions passed tboir several readings under a suspension of the rules an ordinanoe lo relation lo the deposit nod public itlon of ihu ordinanoee and resolutions of ibe . onvcnlioo an ordinance for the relief uf thomas d plenty an ordinance in rcfccnco to tbe payment of a portion ufthe public luxes into the treasury of i the stat an ordinance submitting to the qualified vo 1 lets of iln stale the ratification or rejection of ' the constitution adopted by the convention a resolution in favur of r 8 nicker a resolution in re'erence lo payment of i n ti'i.si on the public debt oflhe state the ordinance lo authorize the several ccu0 lies of il siaie to borrow money was discussed at considerable length amendments were ol lined by messrs odom and grissom to pre clude the county com is iv mi paying ot levying taxes to pay debts directly or indirectly incur red in aid of tin rebellion mr ll ward offered an amendment to these providing lhat tho ordinance should not be con sult 1 lo prevent any county from paying ins deblednesa incurred for the support of thu indi gent families u soldiers on moiion of mr harris of rutherford the ordinance was finally laid on t 1 e table wr warren being in lhe chair mr perches introduced a resolution uf thanks lo lho presi dent of the convention for the able impartial ami dignified manner iu which be had presided ui ,â– iis deliberations this revolution wns unanimously adopted and the presidenl resuming the chair acknowledged thc compliment in a few felicitous remarks ex pressing in conclusion tbe regrect be felt at the approaching severance of associations ef so plettsunl 1 character an.l wishing lhe delegates a sal iimi happy return to their lespeolivu homes the convention then adjourned until 7 o clock a m.,on monday monday june 26 the convention was calle 1 io order at seven o'clock a m the following ordinances nnd resolutions iss.'il their several readings under a suspension of tin rules viz : an ordinance to empowor tbejnstices of the several counties lo bur low money in certain ca -. -, nd for other purpos a an i'liiii â€¢ wiiii 1,'gnd lo the incorpora lion of tl town of mocksville in davie county a resolution to send copies of certain ordi nances lo lh presid nt of the i'.nt 1 stall 9 a resolution lo supply delngalos of the cons v.,,i ii with copies of tbe ordinances aud jour iih -. a resolution concerning confederate securi : lies issued during ibe war now iu the l'i asury the ti i ordinal cu was ameuded by lb in ' s ni ofthe piovisues to the > ll'.-ci that ihe counties shall not nay more than eight per cent on llie niouies borrowed â€” tl.ui the bouds shall beat but eight percent iuterest and further lhat they sl.,,11 not be boi i u i ss lhan par val i ue this ordinance applies only to the coun ties of polk rutherford cleveland davidson t iu id is in wilkes cherokee clay new llano ' v i aud m ir u ll the constitution of noitl carolina and oth i rjt ordinances were ratified ' at 1 o'clock p.m pursuant to order the convention adjourned sine die , , proceedings qf congress washington june 2j the s.-nale was engaged iu consideration of , the tax bill the house devoted its entire session in jis , cussion uf the indian appropriation bill a message from the president on ' the reconstruction question washington june 22 the president sent in lo congress today the ; following message in relation iu the reconstruc tion amendment lo the constitution : ] tothe senatt and mouse of representatives : ; 1 submit to congress a r j,,,n of the s ireta ' ry of stale to whom was referred the i mcur reut resolution l the is , instant respecting a ' submission to the legislatures of lho slates of an ,.. hi lional article lo lh constitution of tho ' united slateb it will i een from this report lhal the secretary , i slate li id ".. ihe ldli in ' stant transmitted tothe governors ol ihese ' veral status cerlifi 1 , j,;,s.,t tne joint resolu ' , tion passed on the 13ih instant proposing an ' nmeud.ne.it to tlm constitution even in ordiuary limes any qu tslion of a ' mending the constisutiou must bu justly regard ed as ul paramount importance i this importance at the present time is en hanced by the fact thai the joint resolution ' was nut submitted by lhe facl lhat the joint ' resolution was not submitted by the two llous.s lor tl approval of lhe president and lhat of ' the thirl six stales wbich constitute th un iun el veil are excluded from representation iii ' either house of congress although wilh the ' single exception of texas ihey hav been tns tirely restored lo nil their functions as slates in ' conformity with the organized i iw ol lhe land ' and have appeared at the national capital by senators aud represent itives who have applied ' for and havo been refused admission lo lue va ' cant stats nor have the overeigu people of thi nation been afforded an opporiuuity . f express i 1 ing their views upon the important question l which tho amendment iuvolves grave doubts j ibereforc naturally andj istly ari .- as lo whe ther stal i . â– ' iture 1 1 1 ct 1 without r fori nee to such an is ... should bo call d upon by con i i to decide respecting lue . itilication of tbe ; | i ."...-, bn nt v nit it.g lhe qui stion ' i as io the constitution . ;.. i iii lit i lh pro i cocdings of congress u u the joint ri ilulioo ,- proposing tin amendment or m to tlio moi 1 1 ol tlm iirtinlii which it submit through ll ex oxeoutlvo department to the legislatures of the states i deem it proper to observe lhat the itopa taken by tbe secretary of blato si detail ed in tho accompanying report as to be consid ered as purely ministerial and in noiouio what ever committing the executive to an approval ..,- ii recommendation of tho amendment lo the stiiit legislature or to tho people on the contrary a proper appreciation of the letter iâ€ž,l bpirit of the constitution at well as of lhe inter esls of tin iihiioniil order harmony and union nnl a duo deference for an oulighuned public judgment may at this time suggest a a doubt whether any amendment io tbe con htittition ought to ho proposed hy congress and pressed upon thu l.orribliittiros of tho slittis for bnal decision until after ho admission of suoh loyal senators and representatives of the now unrepresented states aa hav been or may here after b chosen in conformity with the consiitu lion and lii'.vs of the united slates andrew john80n accompanying iho message f tlm i resilient is dm report of the seretary of stale announcing lhat ho had in conformity with the proceeding vvlii i hud been adopted hy him in 1805 to gurd lo these proposed and afterward adopted congressional amendments to tl o constitution of tho united stales concerning tho pro hihition of slavery transmit ed certified oopies of tho joint resolution to the governors of tbo soveral suites together wilh n certificate and circular letter captions of ordinances and resolutions passed by the late con a a iimi oedinances 1 an ordinance to change llm tiiim of hold ing the court uf pleas and quarter sessions of alexander county 2 an orilitiiu co to altar tlm limo of holding llm colitis of pleas and quarter sessions of slan ly county 8 an ordinance to provide for executing de crees of the supreme courl made at morgan ton 4 a ordinance concerning the qualification of voters for raunic pal officers in the cities ami incoiporated towns uf north carolina 5 an ordinance to nmend lhe charters of the union mining company in the counly of row an aud lhe ru.ii-il gold mining company iu lhe counly of mecklenburg passed at the late si's.-iun ol tbe ti'tt ,' assembly 0 an or iai.ee to incorporate tho north carolina petroleum and mining company 7 an ordinance repealing the provisoes of s co nine of an hci i i e general assembly el tilled an aet c'lllc-rlling iii-gioi's and pel sons of color ur ut mix 1 blood uud fur other purposes 8 an ordinance to rant tothe ciiizens of the counly ot polk lhe powei uf v ting with the district i counly lo ivlnoh limy are attached in llie election i members to the general assetn 0 an ordinance concerning the crime of as iitt'l titli the intent lo commit rape to an ordinnnc in relation to ibe act of the geueral assembly entitled " revenue 11 au ordinance to incorporate oceanic ii k and ladder company of tho town of beaufort 12 an oiilinanc in relation to taxation by il county courts 13 an ordinance i'or exchanging ll.e slocks of iho s ale for bunds issued in-fore the year oue thousand eight hundred and sixty one 11 an ordinance concerning widows whu have qualified as executrix to the la-t will and testament ol their deceased husbands 15 an ordinance to prohibit the sale of spir ituous liquors within one and a half miles of tho company shops iu an ordinance to change the time of elec tions in north carolina anil forother purposes 1 an ordtrianee to pay lho provisional judges of courts of oyer and terminer for so r vices under an ordinance to protect tho own ers of property aud for other purposes 18 ao ordinance to repeal the 20lli seciion of the 53d chap of tho revised code entitled " covet noi and council 19 anoidinatico to amend tho charier of tho governor's creek steam transportation and miuing company 20 an ordinance to incorporate the wil mington railway bridge company 21 an ordinauce extending the time for the settlement i f the public taxes by the sheriffs and tax collectors of ihis statu 22 an ordinance to divorce jane f.tiavens and thomas j havens 23 an ordinance to change tbe jurisdiction ofthe courts and the rules of pleading therein il an ordinance lo amend an act of the general assembly passed at its session of 1842 43 entitled an acl lo utborizealhe formation of a fire engine company in tlio town of sa lem n c iii an ordinance lo authorize sundry sher ill's to co , i a i , nag s ol taxes 0 au irdiuauce concerning the banks of the suite 27 an rdinnnce in relation to the deposit and public liou of the ordinances aud resolu tiuns ol tli ' v,',,ti,.n 28 an ordinance lor the tho lelief of thorns is 1 floury 20 a ordinance in reference to tho payment of a po lion of the public taxes into the t reasury ol li.r stale 30 aii ordinance submitting to the qualified voters of the sinte tbe ratification or rejection ' of the constitution adopted by the convention 31 an ordinnnce to empower the justices of the several counties to borrow money in oer - tain cases and for other put poses 32 an ordinance with regard to tlio incors poration of the town of mocksville in davie countv resolutions 1 resolution in regi rd to printing 2 re olution for the distribution of the laws of tn ' leneral a mhly .'.. resolution lo have an abstract of the cen 1 100 print i for the use of the convention i resolution iu print pddilional copies of an abstract of a n .. ol ib 5 resolution in relation to privies and wnlor closiots <). resolution directingtho secretary of state to bave the necessary binding for lhe conven tion dune at tho dcttfand dumb and blind in stltu'.ion 7 a r solution lo prinnt an ordinance h a resolution allowing compensation to the principal secretary ofthe convention 0 a resolution lo employ a temporary door keeper io resolution to continue commissioners appointed by the governor under an sot oflhe inst general assembly to examine into tl.o af fairs l 1 1 e albemarle and chesapeake cunal company 11 resolution on lighting lho capitol with 12 resolution lo pay lho commissioners ap appninted 10 report to the general assembly on t be subject of preedmen 13 resolution in liiv oftheo n ramsay 13 resolution in favor of r 8 tuoker ii resolution in reference to payment of in terest on the public debi of ll.e state 15 resolution to supply delegates of the con vention will copies ofthe old nances ulld jour nals 10 resolution concerning confederate securi ties and state scccriticn issued during lho war and the treasury who~wants_a piano tc^f.vrral patrons f the word fe iniil t'ollegn imv rt-quetited my ai.l in bccur lod pianos f"r uxor use this has in duced e tu nn i airangamants with s,,,,,o of tho best manufacturers whicii muhlo me lo furnish in struments f the first class l reduced prices i cm save eueh purchaser fr 4 lo 10(1 price lists of the manufacturers will he suitl to those who desire them t uid tl iu making sslecitons whtn seieotlous shall hav he made lh money can be sent to me at my expense by uio southern express and u piano will lie shipped t the depot tin purchaser may designate bach i'u sold wil he fully warranted addtess m at statesville n.ci j m m caldwell june 11 i86ti 23:1 y james v 0sb0bh1 rdttts barbin01b osborne & barringer atlonirys nt law t charlotte n c v ill practice in the couuiies of rowan ca barrus union iredell mecklenburg stanly lin coln and gaston ; also in tho supreme and fede ral courts of the state 2gr*~ofllco in the utiek building near the court lions up staus april 23 1866 i7:2mpd important information js iho rect ip t of fifty cents will be mailed to any person any one ol lho following kihuipis for i uk irk of houses viz â€” cure inr units suille spavin qraveled lameness bruised or bare backs windfalls heaves or thiimos cun lot founder to take film from the eye bcratclms to prevent bolts a cer tain remedy lor fistulo to relieve colic hide bound broken wind lameness in hoof shoulder slip lo prevent foundering ou the road diabetes und gripes many valuable horses have been saved from nil untimely death by tliese remedies and if given as advised will not lail to oure no person who has a horse should i wni mi these receipts ht address l a clouse smith grove da vie comity n ' '. apiil 3d 1866 12-mo-w w h smith * co 1 x re still carrying on tbe carriage making busi ness at their old stand opposite the lutheriaii church in all its branches tbey generally keep on baud a number of completed jobs â€” buggies sulkies rockaways o winch they will sell cheap all woik put up to order in their line of business sball be executed according to spceilicntions and in a superior style all kind of repairing done at short notice country produce and lumber takeu in exchange for work smith & co hlattotg the undersigned also carries nn the hatting bus iness and in a separate apartment may always bo found superior home-made hats call and see them and bring all the furs yuu can lo exchange i'or good durable hats wm 11 smith march 20 1866 tf-w-12 t e brown co jl.win'i largely extended their facilities foi all kind of tin sheet iron end copper work ux fully prepan i to lilt all orders in i!.,-i lino of bus iness in superior style and cheap ilouse roofing guttering tto per contract stills and all othei ooppet work done in lho v y best manner and or accommodating terms old pewter copper and country produce tak â– liange lor work _ ivholt ale b lyt rs advised io call and bea pr . i â– re purchasing elsewhere "*"*â– march 28 1scc 3mo-vi a 1 :â€¢!!:â€¢. 11 w i okiiosset iii.viiam davis derosset & co i â– '., / ' & bro â– . established 1839 general commission merchant no b north water si i i tp mail's wilmington n u \\ ill give personal attention to the purchase ption and to ru and forwan march 12 w-10-pdjui

j__^j1 , _- ts\/k vol 1 third series salisbury n c monday july 2 1800 no 26 whole no 1717 terms " v i year 3 00 i months i do . â€¢ . n advant e rates of advertising out square space of 12 lines first insertion 1 00 2d 3d ami lib insortion each 50 for each additional publication ii.i stay law n ordinance to change tiie ju ulsdiction of till courts and the rules of pleading therein section 1 />'â– il ordained by tht peo ple of north carolina in convention , ii udili d . inul itis liercby ordainodby i athortty of the same that tho juris i isdiciion of the several courts of the tato and of liistiecs of the peace ex i-pt as provided in this ordinance shall i bo us in the year lsilo seo 2 us it further ordained that the seveni perior courts of the law at i tlio spring terms thereof only unless otherwise herein provided shall have i exclusive original jurisdiction to hear 1 try and determine all actions of debt covenant assumpsit or account where thc sum duo or owing amounts princi pal and interest to sixty dollars or more six 3 beit fart l,,r ordained thai nil writs in debt covenant assumpsit or account shall be returnable to spring term and bo served at least thirty days sundays included before tho return day within the first three days of tho i return term should the defendant pay to the plaintiff or into court to his use i one-tenth of the debi or demand princi pal and interest and all costs to that lime he shall be allowed until next spriug tenn to plead at thc said spring term should tho defendant pay to the plaintiff or into court to his use iieditlh of the residue of tho debt or demand and cost he shall be allowed until the bucceding spring term to plead i at the same spring lerm should the de fendant pay to the plaintiff or into court to his use one-half ol the residue of the ' debt or demand lie shall be allowed tin til the succeeding term to plead at i tho said spring term the plaintiff biiuii have judgment for tho residue of his debt or demand provided however that lhe plaintiff if required shall tile his debt or demand in writing and it the defendant shall make oath that the whole or any part thereof is not justly due or that he has a counterclaim all of which shall bo particularly sot forth j by affidavit then the defendant shall ou ly pay the installment required of what : he admits i be due and the joint shall order a jury nt the same or some subse quent lerm t try lhe matters in dispute between the ] nut io and at the next springterm tho defendant shall be al lowed time to plead only upon payment of one-fifth of tho residue of the admit ted amount and whatever the jury may find him indebted over and above tho same provided further that should the defendant fail to pay the first or any subsequent instalment then and in lhat case the plaintiff shall be entitled to proceed to judgment and execution ac cording to the course of the court in i860 seo 4 beit further ordained that all suits in action of debt covenant as sumption or account issued to fall term of the superior courts shall be return ed by the sheriff's to spring term is07 and all actions of debt covenant as sumpsit or account now pending in tho superior court shall be continued to spring term and if ihe defendant has entered his pleas lie shall be allowed to withdraw the same and take the benefits of seciion 'â– ', of ihi ordinance seo 5 jl it further ordained that dormant judges shall only be revived by actions of debt aud every scire facias to revive ajudgi out shall be dismissed on motion provided thai those now is sued shall be i . missed at the cost of the debtor sec 0 bt it further ordained that ihe clerks of tho beveral county courts shall transfer ull actions i debt cove uant assumpsit or account now pending in their respective courts i lhe spring if i im l s ii of tho superior courts and thc said spring term shall bo deemed iho return lerm thereof and the said actions shall stand us if originally insti tuted in thai court sec 7 /.'â– it further ord md thai the clerks of the soveral coun v courts if requeued to do so by tho plainiiffs bi'xty days before tho spring terms 18b'7 of the superior courts shall transmit to aid spi ing terms certified copi - of the j judgments iu actions of debt covenants ipsil or account entered on the dockets of their courts together with the writs of fieri or facias or venditioni exponas issued thereon and shall issuo notices fhcicol i i!.i defendants which â– shall bo sei ved al least thirty before said superior courts al lho spring term 8 aforesaid tho courts shall it moiion order the 6aid judgments to be uttered on i.n minute dockets provided tho same won not dormant when transmitted from the county courts and on such entries being made ill judgiii nts . iiall bo taken and held i bo judgmenli of tho supei ior c ittrts and writs of fieri facia â€¢ and von â€¢ itioÂ»i exponas mny i nc n provided iu section 10 ol this ordinance following tho writs transmitted from llu county courts iiii.i preserving the lions as it is j sued l.y tl siinio court seo 8 /,', it furthe/r ordained that tlio sheriff in each county hhull return nil writs of fieri facias and venditioni exponas issue 1 from tho couuty court on judgment in actions of debt cove luinl assumpsit or account to tho next terra of baid court without side nn.l shall return nil writs of ii fa or vondi tioni exponas issued on similar judg nii'iits from die superior courl or docreos of tliu court of eqnijy on money de manded to spring i'l't in 1867 without bale sec 0 11 it further enacted that no writs of ii lu or vinditioni oxponas n ijudgtnonts in actions of debt covenants assumpsit or account shall horoaftor issuo from tin county courts nor shall snid writs on such judgments issuo from or to tlio fall terras of tho superior courts exeopt whore defendant fails to comply with the provisions of this ordinance and it is directed that plaintiff may pro ceed according to the regular course of the court sko lo be it further ordained that no writs of li fu or venditioni exponas on judgments in actions of debt covenant assumpsit or account or decress for mon ey demands in equity shall issue from spring term 1807 without permission of court and should the defendant with in tlie lirst three days pay one tenth of the judgment or decree and costs then the writ shall ho credited one-tenth is sued and immediately returned indulg ed : " provided no plaintiff shall be al lowed to take the said one tenth without lirst entering his assent to said return : and provided further that such asscnl and return shall not prejudice any lien the plaintiff may then have by virtue of said li i'a or venditioni exponas pro vided further that at spring term islis i lie det'endent upon paying one fifth of the residue of tho judgment or decree and costs shall have indiilgeance in like manner seo 11 be it further ordained that upon all warrants before justices of iho peace for a demand principal und in terest of 25 or less should llio defon iliitit 1 1,-iv one-fifth to the plaintiff or tu the co heeling officer for his u-e he shall he allowed six months to plead and t lho expiration ot snid six months should he iy is aforesaid one-half the residtu , he shall be allowed fix more to plead ami the expiration of said six months plain ff shall have judgment and execn not for rhe residue upon demands (., rmcipal and interest of less than i-ol > and more than 25 the defendant shall he allowed twelvemonths instead of six on each payment : provided that the i aititifl shall li!o his claim in writing and if the defendant on oath shall lo in the same or presenl a counter claim lhe justice sh 11 proceed t > t ry the . same upon judgment the defendant shall hu allowed a slay of execution for six or twelve months as the ease may i nn on paying one-fifth nnd afterwards tie halt as hefore judgment provided lhat all justices judgments for u or more not dormrnt shall he transmitted together with tho warrant or other pa llets by tbe justice to springterm istit of the superior court and notice thereof shall he given tho defendant at le ist twenty days before court ; and in the superior court tho same proceedings shall be had as on judgments from the couniy court according to section 7 of this ordinance sj;c 12 be it further ordained thai all writs of scire facias to subject bail issued from the superior or county courts upou judgments in actions f debt covenant assumpsit or account shall be returned to spring term lst37 of the superior courts and sh mid the tenth fifth and half of the judgments be paid irom spring term to spring term lime to plead shall be allowed according to section 3 of this ordinance seo 13 bt il furtlier ordained thai this ordinance shall not apply to judg ments for costs only sec 11 bt it further ordained that this ordinance shall not apply to the re medies for the collection of town coun ty or state revenue seo 15 bt it further ordained that this ordinance shall not a ply to proceed ings by attachment unless the defendant replevy and give bail and ihen and in that case the proceedings si tli o subject to the provisions of this ordinance aa if commenced by writ or warrant sec 10 beit further ordained that where the action is by or on behalf of in fants still minors at tho return i rm and the interest exceeds one-tenth the first payment shall be increased to the amount of interest due not to exceed on â– fifth of the whole debt seo 17 1 it further ordained lhat j ll.e provisions of this ordinance shall not j be construed to extend lo any deb's n demands contracted or penal ties incur \ red since the first day of may a !>., 1805 or which muy b hereafter con tract d or incurred but that tho rt for ie recovery of debts whicii were in | fjreo iu tho year 18c i in li it furth r ordaint d thai i.nv er ditor attempted to bo defrau :â€¢- .-. t forth ii sec i chap 50 itovisod codoj tuny without obtaining judgment nt law lilo his hill in equity und said ' court is hot'ohy authorized und empow ered to direct propor issues to be made ' up ond tried und to make suoh orders nnd doorooe an to right und justice may appertain and baid proceedings id nil nol affect the creditor's right to prooood ut tho siiinu time at law ; and any surety heforo paying tlm debt of his principal thus attempting to defraud his creditors mny institute proceedings in equity in like inunnur to the cud tluit he muy ob tain relief sko 19 lii it further ordained thai eveiy oxocutoi or administrator shall lilu on oath ot tho termination of two yours lit ir the liinc of his qualification a full | btatemontof his receipts nnd disburse 1 rnents aud he condition ol the assets particularly sotting out all money col lected and how disbtirsod and on mo tion tho cuurt may allow further limo to sottlu the estate from year to vour not exceeding three yours provided that on each motion to extend the time n sup plemental statement shall be filed : pro vided that any creditor or next of kin may oppose said motion and ifftbe state ment is not full and fair file interrogato ries which tho executors or administra tors shall answer before his motion fir time isallowed provided further that all executors or adminstrators who have heretofore qualified shall beaelowed un til the couuty court next after the first of january 1sc7 to iiie his statement si 20 be it further ordained that all acts and purls of acts suspending the operation of tho statutes of limita tion in tbe revised code aro hereby re pealed except as heroin provided : pro vided that the time elapsed since tho lirst day of september one thousand eight hundred und sixty-one buiringuc tious or suits or presuming the satisfac tion or abandon nt of rights shall not he counted and provided further i'll ii t nothing contained in this oiduutnce or in the acts horeby repealed b'iiiii be so ci'i.s'riietl as i provenl judgments from becoming dormant s c 21 be il furtlier ordained tlmt any sheriff clerk or other officer fail ing to execute any of the pi-ovisi n .,: tins ordinance when tho execution there of devolves on him or it-su ing receiving or executing any process n ' atevor i â€¢ irary to tho provisions nf this ordinal , shall ho subjected lo a penult of live hundred dollars t bu r civi red bv rulo i court as penalties i.nd tin - w.-ro re covered in lstjo see 22 bi it further ordai in i dull in all actions b utigni by in y bunk nr other corporation h iving , v .-.-, i bank ing privileges or by nny assignee or en dorsee nr officer ol snid iiiiul in c i'pur a.i.'ii it shall an i may be lawful fur the defendant to set oil by ph-u ur on t'ial any note or ceriilicalu of 1 posit is-uc i hy said bunk or its branches or oilier corporations whether thu e inu has been presented for pai incut ur not any law or usage to the contrary notwithstanding lm said plea of set off or sol off ou t i tl shall not avail lo cany costs against the plaintiff unless there has been a tender of such payment before suit brought : povided that should the dofendnnt re quire the debt to be scaled according to the scale of depreciation of confederate currency then and in that case tho said notes or certificates of do osit shall not bo a set off in any manner sec 2o beit farther ordained that an act to change the jurisdiction of the i courts and the rules of pleading rati i lied tho llth day of september 1801 entitled an actio restore the courts and for other purposes ratified lhe llth december 1603 also an act entitled an act to change the jurisdiction ofthe courts and the riles of pleading there in ratified the 10th of march a d 1sg0 and all laws in conflict with th s ordinance bo and tho same are heroby ', repealed sec â€¢_'!. be il furtlier ordaid d thai the general a nimbly shall bnvo ti power to repeal alter or modify this or dinance until the third monday of no vetnber 1868 and this ordinuue biiuii take effect and be in force frum und alter its ratificatii m adopted bv the convention june 21 1866 state convention ai'..iu'k.ni:i session afternoon session s'.tiui'.w juno 20th 1866 withoul further material amendment tbe constitution passed ils third leading as fol low : ayes â€” m sis adams alexander baines biker berry boyden bradley bryan llu.gin j buxtou 11 mm caldwell ol burke caldwell of guilford dick dickey faulkner purcbes tiahagan garland garland garrett godwiu harris of guilford harris of rutherford lla.-j risen iaynes hodge jackson johnston lones of ilend-rson jones of rowan joyce king i lognti love of .'â– ickson mccauley i ',,.! ll'.-ci that ihe counties shall not nay more than eight per cent on llie niouies borrowed â€” tl.ui the bouds shall beat but eight percent iuterest and further lhat they sl.,,11 not be boi i u i ss lhan par val i ue this ordinance applies only to the coun ties of polk rutherford cleveland davidson t iu id is in wilkes cherokee clay new llano ' v i aud m ir u ll the constitution of noitl carolina and oth i rjt ordinances were ratified ' at 1 o'clock p.m pursuant to order the convention adjourned sine die , , proceedings qf congress washington june 2j the s.-nale was engaged iu consideration of , the tax bill the house devoted its entire session in jis , cussion uf the indian appropriation bill a message from the president on ' the reconstruction question washington june 22 the president sent in lo congress today the ; following message in relation iu the reconstruc tion amendment lo the constitution : ] tothe senatt and mouse of representatives : ; 1 submit to congress a r j,,,n of the s ireta ' ry of stale to whom was referred the i mcur reut resolution l the is , instant respecting a ' submission to the legislatures of lho slates of an ,.. hi lional article lo lh constitution of tho ' united slateb it will i een from this report lhal the secretary , i slate li id ".. ihe ldli in ' stant transmitted tothe governors ol ihese ' veral status cerlifi 1 , j,;,s.,t tne joint resolu ' , tion passed on the 13ih instant proposing an ' nmeud.ne.it to tlm constitution even in ordiuary limes any qu tslion of a ' mending the constisutiou must bu justly regard ed as ul paramount importance i this importance at the present time is en hanced by the fact thai the joint resolution ' was nut submitted by lhe facl lhat the joint ' resolution was not submitted by the two llous.s lor tl approval of lhe president and lhat of ' the thirl six stales wbich constitute th un iun el veil are excluded from representation iii ' either house of congress although wilh the ' single exception of texas ihey hav been tns tirely restored lo nil their functions as slates in ' conformity with the organized i iw ol lhe land ' and have appeared at the national capital by senators aud represent itives who have applied ' for and havo been refused admission lo lue va ' cant stats nor have the overeigu people of thi nation been afforded an opporiuuity . f express i 1 ing their views upon the important question l which tho amendment iuvolves grave doubts j ibereforc naturally andj istly ari .- as lo whe ther stal i . â– ' iture 1 1 1 ct 1 without r fori nee to such an is ... should bo call d upon by con i i to decide respecting lue . itilication of tbe ; | i ."...-, bn nt v nit it.g lhe qui stion ' i as io the constitution . ;.. i iii lit i lh pro i cocdings of congress u u the joint ri ilulioo ,- proposing tin amendment or m to tlio moi 1 1 ol tlm iirtinlii which it submit through ll ex oxeoutlvo department to the legislatures of the states i deem it proper to observe lhat the itopa taken by tbe secretary of blato si detail ed in tho accompanying report as to be consid ered as purely ministerial and in noiouio what ever committing the executive to an approval ..,- ii recommendation of tho amendment lo the stiiit legislature or to tho people on the contrary a proper appreciation of the letter iâ€ž,l bpirit of the constitution at well as of lhe inter esls of tin iihiioniil order harmony and union nnl a duo deference for an oulighuned public judgment may at this time suggest a a doubt whether any amendment io tbe con htittition ought to ho proposed hy congress and pressed upon thu l.orribliittiros of tho slittis for bnal decision until after ho admission of suoh loyal senators and representatives of the now unrepresented states aa hav been or may here after b chosen in conformity with the consiitu lion and lii'.vs of the united slates andrew john80n accompanying iho message f tlm i resilient is dm report of the seretary of stale announcing lhat ho had in conformity with the proceeding vvlii i hud been adopted hy him in 1805 to gurd lo these proposed and afterward adopted congressional amendments to tl o constitution of tho united stales concerning tho pro hihition of slavery transmit ed certified oopies of tho joint resolution to the governors of tbo soveral suites together wilh n certificate and circular letter captions of ordinances and resolutions passed by the late con a a iimi oedinances 1 an ordinance to change llm tiiim of hold ing the court uf pleas and quarter sessions of alexander county 2 an orilitiiu co to altar tlm limo of holding llm colitis of pleas and quarter sessions of slan ly county 8 an ordinance to provide for executing de crees of the supreme courl made at morgan ton 4 a ordinance concerning the qualification of voters for raunic pal officers in the cities ami incoiporated towns uf north carolina 5 an ordinance to nmend lhe charters of the union mining company in the counly of row an aud lhe ru.ii-il gold mining company iu lhe counly of mecklenburg passed at the late si's.-iun ol tbe ti'tt ,' assembly 0 an or iai.ee to incorporate tho north carolina petroleum and mining company 7 an ordinance repealing the provisoes of s co nine of an hci i i e general assembly el tilled an aet c'lllc-rlling iii-gioi's and pel sons of color ur ut mix 1 blood uud fur other purposes 8 an ordinance to rant tothe ciiizens of the counly ot polk lhe powei uf v ting with the district i counly lo ivlnoh limy are attached in llie election i members to the general assetn 0 an ordinance concerning the crime of as iitt'l titli the intent lo commit rape to an ordinnnc in relation to ibe act of the geueral assembly entitled " revenue 11 au ordinance to incorporate oceanic ii k and ladder company of tho town of beaufort 12 an oiilinanc in relation to taxation by il county courts 13 an ordinance i'or exchanging ll.e slocks of iho s ale for bunds issued in-fore the year oue thousand eight hundred and sixty one 11 an ordinance concerning widows whu have qualified as executrix to the la-t will and testament ol their deceased husbands 15 an ordinance to prohibit the sale of spir ituous liquors within one and a half miles of tho company shops iu an ordinance to change the time of elec tions in north carolina anil forother purposes 1 an ordtrianee to pay lho provisional judges of courts of oyer and terminer for so r vices under an ordinance to protect tho own ers of property aud for other purposes 18 ao ordinance to repeal the 20lli seciion of the 53d chap of tho revised code entitled " covet noi and council 19 anoidinatico to amend tho charier of tho governor's creek steam transportation and miuing company 20 an ordinance to incorporate the wil mington railway bridge company 21 an ordinauce extending the time for the settlement i f the public taxes by the sheriffs and tax collectors of ihis statu 22 an ordinance to divorce jane f.tiavens and thomas j havens 23 an ordinance to change tbe jurisdiction ofthe courts and the rules of pleading therein il an ordinance lo amend an act of the general assembly passed at its session of 1842 43 entitled an acl lo utborizealhe formation of a fire engine company in tlio town of sa lem n c iii an ordinance lo authorize sundry sher ill's to co , i a i , nag s ol taxes 0 au irdiuauce concerning the banks of the suite 27 an rdinnnce in relation to the deposit and public liou of the ordinances aud resolu tiuns ol tli ' v,',,ti,.n 28 an ordinance lor the tho lelief of thorns is 1 floury 20 a ordinance in reference to tho payment of a po lion of the public taxes into the t reasury ol li.r stale 30 aii ordinance submitting to the qualified voters of the sinte tbe ratification or rejection ' of the constitution adopted by the convention 31 an ordinnnce to empower the justices of the several counties to borrow money in oer - tain cases and for other put poses 32 an ordinance with regard to tlio incors poration of the town of mocksville in davie countv resolutions 1 resolution in regi rd to printing 2 re olution for the distribution of the laws of tn ' leneral a mhly .'.. resolution lo have an abstract of the cen 1 100 print i for the use of the convention i resolution iu print pddilional copies of an abstract of a n .. ol ib 5 resolution in relation to privies and wnlor closiots